Arjun Yadav vs Gaindu Yadav on 9 September, 2011

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CWJC No.14793 of 2011
                                       Arjun Yadav
                                           Versus
                                      Gaindu Yadav
                                        -----------

02. 09.09.2011 Heard the learned counsel for the petitioner.

This application under Article 227 of the

Constitution of India has been filed by the defendant-

petitioner against the order dated 02.02.2011 passed by

Sub Judge IV, Gaya in Partition Suit No.13 of 2010/62 of

2010 whereby the learned Court below allowed the

amendment of the plaint.

Admittedly, the trial has not started in the suit

and, therefore, there is no question of prejudice caused to

the defendant arises. The learned Court below found that

by amendment, the nature of the suit will not change and

that no irreparable loss is caused to the defendant. It is

well settled principles of law that the Court has unfettered

jurisdiction to allow the amendments which are pre-trial.

I, therefore, find no reason to interfere with

the impugned order. Accordingly, it is dismissed.

Saurabh                                             ( Mungeshwar Sahoo, J.)